ADELAIDE FESTIVAL CENTRE PROFESSIONAL & ADMINISTRATION AGREEMENT 2018
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ADELAIDE FESTIVAL CENTRE
PROFESSIONAL &
ADMINISTRATION AGREEMENT 2018
File No. 947 of 2019
This Agreement shall come into force on and
from 15 April 2019 and have a life extending till
30 June 2020 therefrom.
SAET HEREBY APPROVES THIS ENTERPRISE
AGREEMENT PURSUANT TO SECTION 79 OF THE FAIR
WORK ACT 1994.
DATED 15 APRIL 2019.
________________________
COMMISSIONER AIKENS
ADELAIDE FESTIVAL CENTRE
PROFESSIONAL & ADMINISTRATION
AGREEMENT
2018
Adelaide Festival Centre Trust
(AFCT)
and
Public Service Association of SA Inc
(PSA)
TABLE OF CONTENTS
1. PREFACE ..................................................................................................... ………………………………………...4
1.1. TITLE ................................................................................................................................................ 4
1.2. LOCALITY ........................................................................................................................................ 4
1.3. PARTIES AND PERSONS BOUND ................................................................................................. 4
1.4. IN BEST INTERESTS OF EMPLOYEES ......................................................................................... 4
1.5. DATE AND PERIOD OF OPERATION ............................................................................................ 5
1.6. QUANTUM AND TIMING ................................................................................................................. 5
1.7. PREVIOUS AWARDS AND AGREEMENTS ................................................................................... 5
1.8. APPLICATION OF POLICIES .......................................................................................................... 5
2. DEFINITIONS......................................................................................................................................................... 6
3. EMPLOYMENT CONDITIONS .............................................................................................................................. 9
3.1 EMPLOYMENT CATEGORIES ........................................................................................................ 9
3.2 TERMS OF ENGAGEMENT ............................................................................................................ 9
3.3 CLASSIFICATION .......................................................................................................................... 10
3.4 VOLUNTARY FLEXIBLE WORKING ARRANGEMENTS (VFWA)................................................ 14
3.5 UNIFORMS .................................................................................................................................... 15
3.6 TERMINATION OF EMPLOYMENT .............................................................................................. 16
3.7 REDEPLOYMENT, RETRAINING AND REDUNDANCY ............................................................... 17
4. HOURS OF WORK .............................................................................................................................................. 17
4.1 ORDINARY HOURS OF WORK .................................................................................................... 17
4.2 ROSTERS ...................................................................................................................................... 18
4.3 TEN HOUR BREAK........................................................................................................................ 18
4.4 MEAL BREAKS .............................................................................................................................. 19
4.5 OVERTIME ..................................................................................................................................... 20
4.6 SUNDAYS ...................................................................................................................................... 23
4.7 PUBLIC HOLIDAYS ....................................................................................................................... 24
4.8 TAXI ARRANGEMENTS ................................................................................................................ 26
5. PAYMENT OF WAGES AND ALLOWANCES ................................................................................................... 26
5.1 WAGES .......................................................................................................................................... 26
5.2 FIRST AID ALLOWANCE............................................................................................................... 28
5.3 TRANSFERS, TRAVELLING AND WORKING AWAY FROM AFCT PREMISES ........................ 28
5.4 SUPERANNUATION ...................................................................................................................... 28
5.5 ON-CALL / RECALL ALLOWANCE ............................................................................................... 29
6. LEAVE ................................................................................................................................................................. 30
6.1 ANNUAL LEAVE ............................................................................................................................ 30
6.2 SICK LEAVE ................................................................................................................................... 31
6.3 FAMILY CARER’S LEAVE ............................................................................................................. 32
6.4 SPECIAL LEAVE WITH OR WITHOUT PAY ................................................................................. 32
6.5 BEREAVEMENT LEAVE ................................................................................................................ 33
6.6 LONG SERVICE LEAVE ................................................................................................................ 33
6.7 JURY LEAVE .................................................................................................................................. 34
6.8 PARENTAL LEAVE ........................................................................................................................ 34
6.9 PAID PARTNER LEAVE ................................................................................................................ 37
6.10 CEREMONIAL/NAIDOC LEAVE…………………………………………………………………………38
7. WORK HEALTH AND SAFETY .......................................................................................................................... 39
8. MISCELLANEOUS .............................................................................................................................................. 40
8.1 TRAINING ...................................................................................................................................... 40
8.2 RIGHT TO BE REPRESENTED AND ASSOCIATION RIGHTS..................................................... 40
8.3 FITNESS FOR WORK.................................................................................................................... 42
8.4 GRIEVANCES ................................................................................................................................ 42
8.5 DISPUTES ...................................................................................................................................... 43
8.6 CONSULTATION ........................................................................................................................... 43
8.7 CHANGE MANAGEMENT ............................................................................................................. 44
AFCT Professional & Administration (P&A) Agreement 2018 - Page 2 of 638.8 AFCT POLICIES, PROCEDURES AND GUIDELINES ................................................................. 44
8.9 SUB CONTRACTORS ................................................................................................................... 44
8.10 POSTING OF AWARD AND NOTICES ......................................................................................... 44
8.11 NO EXTRA CLAIMS ....................................................................................................................... 45
8.12 VARIATION TO AGREEMENT ...................................................................................................... 45
8.13 RESPONSIBILITIES WITH SHARED CASH FLOATS .................................................................. 45
8.14 CHANGING FACILITIES ................................................................................................................ 45
9 SIGNATORIES TO THE AGREEMENT .............................................................................................................. 46
APPENDIX A ENTERPRISE BARGAINING COMMITTEE & CODE OF ETHICS ................................................ 47
APPENDIX B PAY RATES ..................................................................................................................................... 48
APPENDIX C CLASSIFICATION STRUCTURE .................................................................................................... 49
APPENDIX D REDEPLOYMENT, RETRAINING AND REDUNDANCY ............................................................... 56
APPENDIX E INJURY AND INCOME PROTECTION POLICY………………………………………………………..59
AFCT Professional & Administration (P&A) Agreement 2018 - Page 3 of 631. PREFACE
1.1. TITLE
This Enterprise Agreement shall be referred to as the Adelaide Festival Centre Professional
and Administration Agreement – 2018 (the Agreement).
1.2. LOCALITY
This Agreement shall apply to employees bound by this Agreement who are working at any
designated location.
1.3. PARTIES and PERSONS BOUND
1.3.1. This Agreement shall apply to:
1.3.1.1 The Public Service Association of SA (the PSA),
1.3.1.2 Adelaide Festival Centre Trust (the “Trust”) in respect of its employees
engaged in any of the classifications specified in this Agreement where the
work is performed in or in connection with one of the Theatres or other
venues managed by the Trust whether members of the PSA or not.
1.3.2 This Agreement shall not be binding on the PSA or the Trust where persons working
within AFCT are engaged by another company. In the event that subcontractors are
engaged by the Trust, the provisions of Clause 8.9 will apply.
1.3.3 This Agreement shall be binding on the Trust, the Union and all persons employed to
perform work covered by the classifications listed in Appendix C, excluding;
1.3.3.1 Management of the Trust,
1.3.3.2 Trainees employed by the Commissioner for Public Sector Employment
under the National Training Wage Award,
1.3.3.3 Employees whose terms and conditions are subject to a fixed term contract
that specifies a classification in excess of AFCT Job Grade 10.
1.4. IN BEST INTERESTS OF EMPLOYEES
1.4.1 AFCT undertakes that the Agreement:
• Is, on balance, in the best interests of the employees covered by the
Agreement (taking into account the interests of all employees); and
• Does not provide for remuneration or conditions of employment that are
(considered as a whole) inferior to remuneration or conditions of
employment (considered as a whole) prescribed by an award under the Fair
Work Act 1994 (SA) that applies to the employees at the time of the
application for approval.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 4 of 631.4.2 In the event that any provisions or conditions of employment in the SA Public Sector
and Local Government Entities Clerks Award are reduced or removed, employees to
whom this Agreement applies shall not suffer any reduction in wages, entitlements,
employment conditions or other benefits. This clause shall apply for the duration of
this Agreement.
1.5. DATE and PERIOD OF OPERATION
This Agreement shall come into operation on and from the beginning of the first pay period to
commence on or after the date of registration of this Agreement and shall remain in force
until 30 June 2020. The parties will commence negotiations on a new Agreement no later
than 6 months prior to the expiry of the current Agreement.
1.6. QUANTUM and TIMING
The salaries payable to employees are those detailed in Appendix B – Pay Rates, which will
operate from the first full pay period (FFPP) to commence on or after 1 November 2017, 1
November 2018 and 1 November 2019.
1.7. PREVIOUS AWARDS and AGREEMENTS
This Agreement shall be read and interpreted in conjunction with the SA Public Sector and
Local Government Entities Clerks Award (“the Award”). Where there is any inconsistency
with this Agreement, the Award or any previous Adelaide Festival Centre Enterprise
Agreement, this Agreement will take precedence.
1.8. APPLICATION OF POLICIES
The parties to this Agreement recognise that during the life of this Agreement AFCT will
continue to develop, amend and implement policies which fall outside the parameters of this
Agreement. In so doing, AFCT will consult, where practicable, with the parties before
implementing policy and policy changes and the provisions of the Agreement will take
precedence where there is any inconsistency between AFCT policy and the Agreement.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 5 of 632. DEFINITIONS
2.1 In this Agreement, unless the contrary appears:
2.1.1 “Act” means the Fair Work Act 1994 (SA) as amended from time to time.
2.1.2 “AFCT” shall mean Adelaide Festival Centre Trust.
2.1.3 “Agreement” means this Enterprise Agreement unless otherwise indicated.
2.1.4 “Annual Salary” shall mean the base rate (2.1.5) calculated over 52 weeks
excluding any payment entitlement for overtime and additional hours.
2.1.5 “Base Rate” shall mean the employee’s ordinary rate of pay exclusive of
overtime, loadings, allowances or other penalties. The base rate will be used in
the calculation of all loadings and penalties. A casual employee’s base rate will
include the casual loading as defined in clause 3.2.3.2.
2.1.6 “Casual Employment” shall mean an employee engaged on an hourly basis,
with wages accruing from day to day and paid by the fortnight. An employee’s
hours of work and employment is subject to their availability to work and AFCT’s
requirements for their services.
2.1.7 “Chief Executive Officer and Artistic Director” and “CEO” shall mean the
executive delegated the employing authority by the Chief Executive of the
Department of the Premier and Cabinet.
2.1.8 “Continuous Employment”, in the context of casual employment, shall mean a
period of service that is not broken by a period between work engagements of
longer than 3 months unless by specific leave of absence approved by AFCT.
2.1.9 “Employee” means an employee bound by this Agreement.
2.1.10 “Extended Family” shall mean parents in law and grandparents, grandparents in
law, brothers and sisters in law and nieces and nephews of the employee or their
spouse.
2.1.11 “Family” shall mean the employee’s spouse or domestic partner, child, parent,
any other member of the employee’s household, or any other person who is
dependent on the person’s care.
2.1.12 “Fixed Term Contract” shall mean a contract of engagement for a specified
term not exceeding five (5) years.
2.1.13 “FOH” shall mean Front of House and have the customary ordinary theatrical
meaning.
2.1.14 “Ongoing (permanent) employee”. Refers to an employee who is not a casual
and who is engaged without any reference to a fixed term length of the
employment contract.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 6 of 632.1.15 “Other Significant Relationships” shall mean those relationships of significant
emotional importance to an employee such as family members beyond the
extended family definition, close friends, or persons of significant influence in the
employee’s life.
2.1.16 “Ordinary Rate of Pay” shall mean base rate.
2.1.17 “Ordinary Working Day” shall mean a day in which an employee is normally
rostered to work. For example a full-time employee may work over 5 days being
Monday to Friday, or an employee may work 5 days over a 7 day period being
Monday to Sunday. “Ordinary Working Days” requirements will be detailed within
the position description of each position.
Ordinary hours of work are between 0700 and midnight.
2.1.18 “Overtime” shall mean authorised work in excess of an employee’s normal
hours of duty and where such time is in excess of:
7.5 hours in any one day;
37.5 hours in any one week.
2.1.19 “Parties” shall mean the Chief Executive of the Department of the Premier and
Cabinet, AFCT and the PSA.
2.1.20 “Primary Carer” shall mean a person whom assumes the principal role of
providing care to an family member.
2.1.21 “PSA” Shall mean the Public Service Association of SA Inc.
2.1.22 “Public Holiday” shall mean a day or a part-day defined as a Public Holiday or a
substitute Public Holiday by the Holidays Act 1910 (SA), as amended in 2012 and
gazetted as such by the Government of South Australia.
2.1.23 “Rostered Employee” shall mean an employee whose engagement is
regulated by a 7 day roster.
2.1.24 A ‘shift’ is a rostered period of work of not less than 3 continuous hours duration
except on a Sunday or public holiday where a “shift” is a rostered period of work
of not less than 4 continuous hours duration.
2.1.25 “SSA” shall mean a Salary Sacrifice Agreement.
2.1.26 “Scheduled Day Off” shall mean a day of the week where a rostered employee
is not rostered to work.
2.1.27 “Spouse” shall include a de-facto and same sex spouse, but except in relation to
parental leave does not include a spouse from whom the employee is legally
separated.
2.1.28 “Voluntary Flexible Working Arrangement” shall mean a documented working
arrangement made available by the CEO to an employee (s).
AFCT Professional & Administration (P&A) Agreement 2018 - Page 7 of 632.1.29 “We”, “Us”, “Our”, “Organisation”, “Employer” are terms used
interchangeably and means AFCT.
2.1.30 “You”, “Your” or “Employee” are terms used interchangeably and means the
employees employed by the employer. Further, the singular use of the above
includes the plural and vice versa unless otherwise indicated.
2.1.31 “PCBU” – Persons conducting a business or undertaking as defined in the Work
Health and Safety Act (SA) 2012
AFCT Professional & Administration (P&A) Agreement 2018 - Page 8 of 633. EMPLOYMENT CONDITIONS
3.1. EMPLOYMENT CATEGORIES
3.1.1. Employment at AFCT may be offered as a permanent position, a fixed-term contract or
as a casual opportunity. Permanent and contract positions may be full-time or part-
time, while casual opportunities are offered according to the needs of the business.
3.1.2. All permanent and fixed term contract employees will have a current contract of
employment and all casual staff will have a statement of agreed conditions for casual
employment, accepted and recorded by both the employer and the employee.
3.1.3. All contracts of employment will be accompanied by a current position description,
accepted by the incumbent, including a current position classification.
3.2. TERMS OF ENGAGEMENT
3.2.1. Permanent and Fixed Term Contract
3.2.1.1 Permanent and fixed term contract employees (whether full-time or part-
time) shall be engaged by the fortnight.
3.2.1.2 The appropriate per hour rate for employees engaged by the fortnight shall
be calculated for all purposes under this Agreement by dividing the total per
weekly rate for that classification by 37.5.
3.2.1.3 Part-time employees will be paid on a pro rata basis only in proportion to the
hours regularly worked each week compared to the ordinary hours of work
provided for in this Agreement
3.2.1.4 A part-time employee shall be entitled to overtime and penalty payments in
accordance to the provisions applicable to full-time employees.
3.2.1.5 A part-time employee shall receive payment on a pro rata basis for annual
and sick leave based on the entitlements of full-time employees engaged by
the fortnight.
3.2.2. Probation
3.2.2.1 All employees engaged for a permanent or contract position will be subject
to a probationary period when first employed.
3.2.2.2 The probation will be for six (6) calendar months unless otherwise
stipulated.
3.2.2.3 During this probation, subject to conditions of this Agreement, the
employment of the employee may be terminated for unsatisfactory
performance. In all instances the employee will be advised of the
performance problem and be provided with an opportunity to improve their
performance.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 9 of 633.2.3. Casuals
3.2.3.1 Casual employees shall be engaged on an hourly basis, provided that on
any shift they receive a minimum payment equivalent to 3 hours work. This
engagement may include work across any department or job role for which
the employee has appropriate skills.
3.2.3.2 The appropriate hourly rate for employees engaged by the hour will be
calculated by dividing the total per week rate for the relevant classification
by 37.5 and adding a loading of 25% to the hourly rate. Casual loading is
paid in lieu of annual leave, sick leave, parental leave and paid public
holiday entitlements.
3.2.3.3 Casual employees shall receive at least twenty-four hours’ notice of a
cancellation of rostered hours. Where such notice is not provided a casual
employee shall be provided with alternative duties, or if not required at all,
paid for the period originally rostered.
3.3. CLASSIFICATION
3.3.1. Notification of Classification
3.3.1.1 Position Descriptions for each role covered by this Agreement will detail the
classification level of the role.
3.3.1.2 Employees shall be notified in writing of the position and classification to
which they have been appointed.
3.3.1.3 The pay increments agreed in this Agreement will apply to classifications
P&A1 to P&A6 as will the overtime rates apply for these same
classifications for all time worked beyond the ordinary hours of work.
3.3.1.4 Appendix B will outline the salary changes for classifications P&A1 to P&A6
for each year of the Agreement.
3.3.1.5 Positions classified as AFCT Job Grade 7 to AFCT Job Grade 10 will be
governed by all provisions of this Agreement other than the clauses listed in
3.3.1.6 below. Pay reviews of these classifications are subject to individual
negotiation between the employee and their manager and subject to
successful performance of duties allocated to the employee. The rates of
pay allocated for staff employed at AFCT Job Grade 7 to AFCT Job Grade
10 will exceed the rates of pay for the P&A6-5 classification and will take
into account annual salary adjustments provided for those employees to
whom clause 1.6 and Appendix B of this Agreement apply. Reviews for
positions classified as AFCT Job Grade 7 to AFCT Job Grade 10 will be
conducted annually in July.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 10 of 633.3.1.6 During the operation of this Agreement, the clauses listed below do not
apply to employees whose terms and conditions are subject to a contract
that specifies a classification in excess of P&A6-5.
Clause Number Clause Title
1.6 Quantum and Timing
3.3.4 Higher Duties
3.3.6 Incremental Progression
3.6.2 Termination of Employment by the Employee
4.1 Ordinary Hours of Work
4.2 Rosters
4.3 Ten Hour Break
4.4 Meal Breaks
(but excluding 4.4.1, 4.4.2
and 4.4.4)
4.5.1 Requirement for Overtime
4.5.3 Overtime Penalties
4.5.6 Call Back
4.6.1 Requirement to work on a Sunday
4.7.2 Requirement to work on a Public Holiday
5.5 On Call/ Recall Allowance
3.3.2. Re-Classification
An employee may request a reclassification of their position by lodging a written
application, including a current position description and an outline of the reasons for
the re-classification, with the employee’s manager and a copy to the senior human
resource management representative.
3.3.3. Classification Grievances
Any classification grievance shall be reviewed through the grievance resolution
process as per clause 8.4 of this Agreement.
3.3.4. Higher Duties
3.3.4.1 AFCT may direct that an employee temporarily perform duties other than, or
in addition to, the employee’s normal job.
Employees engaged for more than three hours on any day on duties
carrying a higher rate than his/her ordinary classification will be paid the
higher rate for the whole of such day. If for three hours or less during any
such day, he/she will be paid the higher rate for those hours only.
3.3.4.2 Penalty and overtime rates applicable during the period when higher duties
are performed shall be calculated and paid on the higher base rate.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 11 of 633.3.5. Salary and Wage Adjustments
3.3.5.1 This clause refers to the salary schedule appearing in Appendix B: Pay
rates by classification. For the quantum and timing, refer to clause 1.6.
3.3.5.2 The salary payable to an employee as at the applicable date shall not be
reduced by reason of a salary schedule in this Agreement.
3.3.5.3 This clause applies to a ‘pegged employee’. A ‘pegged employee’ is an
employee who is in receipt of a wage rate which has been pegged at a rate
above that which is generally payable in relation to the employee’s job
classification or position.
3.3.5.3.1 A pegged employee will not be entitled to any percentage or
other increase in wage rate by reason of this Agreement, unless
the increase to the substantive rate of pay for an employee’s job
classification, or position, brings that rate up to an amount higher
that the pegged rate. In that event, the increase payable will be
the difference between the new substantive rate and the pegged
rate.
3.3.5.3.2 Once the rate of pay for a pegged employee’s job classification
equals or exceeds the employee’s pegged rate, the employee
will, for all purposes, be regarded as not being subject to a
pegged rate of pay.
3.3.6. Incremental Progression
3.3.6.1 An employee will progress to the next increment on the anniversary of their
commencement, as currently occurs unless, in the course of implementing
AFCT’s Performance Development Review process (however described),
the employee is assessed either as not performing at a satisfactory level (ie
the work being performed or produced is not commensurate with the level,
quality and timeliness required from the duties (or position)); or as not
meeting performance standards. For the purposes of this clause, this
assessment is referred to as ‘the initial assessment’.
3.3.6.2 An employee will be entitled to at least three calendar months prior notice
(written or email) of the initial assessment as per clause 3.3.6.1 and may,
within one month, request either a reassessment or a review of the
assessment, which is to be concluded by not later than one month prior to
their expected increment date.
a) If upon a reassessment or review the employee is assessed either as
performing at a satisfactory level or as meeting performance
standards, the employee will not be impeded from progressing to the
next increment level.
3.3.6.3 If pursuant to this clause an employee does not progress to the next
increment level, the employee will work with the relevant department
manager with the object of improving their performance to at least a
satisfactory level during the ensuing six months after the initial assessment
(and thereafter as may be applicable).
AFCT Professional & Administration (P&A) Agreement 2018 - Page 12 of 633.3.6.4 During the six months after the initial assessment, an employee may, at not
less than three monthly intervals, request to be reassessed.
3.3.6.5 If, during six months after the initial assessment, an employee is assessed
as:
a) Performing at a satisfactory level or as meeting performance
standards, the employee will progress to the next incremental level at
the six calendar month anniversary after what would otherwise have
been their expected incremental date; or
b) Not performing at a satisfactory level or as not meeting performance
standards, the employee will not progress to the next increment level.
3.3.6.6 If, more than six months after the initial assessment, an employee is
assessed as:
a) Performing at a satisfactory level or as meeting performance
standards, the employee will progress to the next incremental level at
the twelve month anniversary after what would otherwise have been
their expected incremental date; or
b) Not performing at a satisfactory level or as not meeting performance
standards, the employee will not progress to the next increment level.
3.3.6.7 An employee who does not progress to the next increment level consequent
on an assessment during the first twelve months after what would otherwise
have been their expected incremental date, may request a reassessment at
not less than six monthly intervals. If assessed as performing at a
satisfactory level or as meeting performance standards, the employee will
progress to the next incremental level at the subsequent applicable
anniversary of what would otherwise have been their incremental date in
that year, otherwise the employee will not progress.
3.3.6.8 In this clause ‘performance standards’ means achieving performance
targets or work output applicable to the employee; behaviour in accordance
with the Code of Ethics for the South Australian Public Sector; actively
participating in AFCT’s Performance Development Review process and
applying learning and development.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 13 of 633.4. VOLUNTARY FLEXIBLE WORKING ARRANGEMENTS (VFWA)
3.4.1. AFCT acknowledges the mutual benefit to the employee and employer of voluntary
flexible working arrangements (VFWA) to balance work and other (including family)
commitments.
3.4.2. AFCT will promote and improve the awareness of VFWA’s in the organisation during
the life of this Agreement.
3.4.3. The CEO or delegate will consider an employee’s request to participate in a VFWA
having regard both for the operational needs of the business and the employee’s
circumstances.
3.4.4. In such cases an agreed VFWA may be entered into between AFCT and the employee
in place of other provisions within this Agreement. All such arrangements are to be
evidenced in writing and will include a commencement and termination date.
3.4.5. All VFWAs will be the subject of review by the CEO or delegate on an ongoing basis
to ensure that the operational needs of the business and the employee’s
circumstances are continuing to be met. All such reviews are to be documented,
dated and signed by both the CEO or delegate and the employee.
3.4.6. Examples of VFWAs that may be entered into include but are not restricted to;
• Changing the span of working days in which the 37.5 hours is worked (either
less or more working days);
• Working for 4/5th of a salary and converting the remainder to additional paid
leave entitlements;
• Working from home;
• Job sharing;
• Negotiating start and finishing times.
3.4.7. VFWA’s are not intended for short term rostering conflicts and are designed to improve
flexibility on an ongoing basis. Ideally, VFWA’s will be utilised for periods greater
than 4 weeks.
3.4.8. This clause will apply for the period an employee is participating in a VFWA:
3.4.8.1 Subject to this clause, the salary or wages payable to an employee, or
applicable to the position, where the employee elects to participate in an
approved VFWA, will be adjusted to take account of the VFWA.
3.4.8.2 Where an employee is participating in a Compressed Weeks type of VFWA,
the nominated normal hours for any day will constitute the employee’s ordinary
hours for the day. Any overtime payments will only be payable where the
employee is required to work hours in excess of those ordinary hours on any
day or in excess of the total of those ordinary hours in a week.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 14 of 633.4.8.3 Should an employee wish to change their current VFWA, they must submit a
written request to their manager, stating the change(s) being requested, why
they are requesting the change(s) and the anticipated commencement and
termination date of the VFWA.
3.4.8.4 The CEO or delegate will consider an employee’s request to change the
arrangement of their current VFWA having regard both for the operational
needs of the business and the employee’s circumstances.
3.4.8.5 A VFWA may be terminated by agreement or by either party giving the
required one month’s written notice.
3.4.9. Where, on cessation of employment, the employer makes a payment in lieu of notice;
or a payment in respect of accrued recreation or long service leave entitlements
(instead of transferring leave credits to another Public Sector employer in the event
the employee immediately becomes employed by that employer), the payment
thereof (or the transferred leave credits) shall have regard to any period/s in which
the employee participated in a VFWA and be adjusted accordingly.
3.4.10. A VFWA will not disadvantage the employee in relation to the employee’s terms and
conditions of employment.
3.5. UNIFORMS
3.5.1. When deemed necessary by AFCT and in order to comply with Work Health and
Safety requirements, AFCT shall provide, and employees will be required to wear,
suitable protective clothing and equipment.
3.5.2. No employee shall be required to wear a special costume or uniform unless it has
been approved as not indecent or humiliating by the authorised representative of the
union or in the absence of his/her approval, subject to appeal to the South Australian
Employment Tribunal.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 15 of 633.6. TERMINATION OF EMPLOYMENT
3.6.1. Termination of Employment by the AFCT
3.6.1.1 In the event of termination of employment by AFCT of a permanent or
contract employee the following notice of termination shall be given or
payment in lieu made for the balance of the notice period not required to be
worked.
Period of continuous service Period of notice
Not more than 1 year At least 1 week
More than 1 year but not more than 3 years At least 2 weeks
More than 3 years but not more than 5 years At least 3 weeks
More than 5 years At least 4 weeks
3.6.1.2 If the employee is 45 years or older and has at least 2 years’ service,
another 1 week is added to the above notice period.
3.6.1.3 An employee whose services are terminated whilst on tour shall have their
fare from the place of termination of employment back to their place of
engagement paid by the employer and the employer shall ensure that the
employee is so returned as expeditiously as possible.
3.6.2. Termination of Employment by the Employee
3.6.2.1 Where a permanent or contract employee resigns they must give the
following period of notice of termination or forfeit wages equivalent to the
balance of the period not given.
Period of continuous service Period of notice
Not more than 1 year At least 1 week
More than 1 year At least 2 weeks
3.6.2.2 The AFCT and an employee may agree to dispense with these periods of
notice and subsequent forfeit of wages.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 16 of 633.6.3. Employer or Employee Period of Notice - Casual Employee
When an employee is engaged by the hour, employment may be terminated without
notice by either party subject to the payment of any prescribed minimum amount of
wages and to the employee working the time covered by such wages if required to do
so.
3.6.4. Summary Dismissal
The notice of termination provisions in this Agreement shall not apply in the event of
summary termination for misconduct that at common law is considered serious or
wilful.
3.6.5. Return of Property
Upon termination of employment for any reason employees must return as soon as
reasonably practicable all property belonging to AFCT.
3.7. REDEPLOYMENT, RETRAINING AND REDUNDANCY
3.7.1. Subject to this clause and conditional on approval of AFCT’s Enterprise Agreement,
the parties acknowledge that this Agreement is made and entered into on the basis
that a new redeployment, retraining and redundancy scheme as detailed in Appendix
D will be implemented to apply to employees covered by this Agreement.
3.7.2 The parties to this Agreement agree that AFCT’s Guideline in relation to the
Management of Excess Employees: Redeployment, Retraining and Redundancy will
apply to the parties bound as defined in Clause 1.3 of this Agreement.
4. HOURS OF WORK
4.1 ORDINARY HOURS OF WORK
4.1.1 The ordinary hours of work for AFCT employees are between 7 am and midnight,
Monday to Sunday.
4.1.2 An employee’s “ordinary working days and hours” will be detailed within the position
description detailing the duties for which they are engaged to perform.
4.1.3 The ordinary hours of work are an average of 37.5 hours per week worked on one of
the following basis;
4.1.3.1 37.5 hours within a work cycle not exceeding seven (7) consecutive days; or
4.1.3.2 75 hours within a work cycle not exceeding fourteen (14) consecutive days;
or
4.1.3.3 112.5 hours within a work cycle not exceeding twenty-one (21) consecutive
days; or
4.1.3.4 150 hours within a work cycle not exceeding twenty-eight (28) consecutive
days.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 17 of 634.1.4 An unpaid meal break of at least 30 minutes is to be taken at or before five hours of
the commencement of work.
4.1.5 Ordinary hours of work are not to exceed seven and a half (7.5) hours in any one day.
4.2 ROSTERS
4.2.1 Rostered employees shall be advised of their rostered hours by a roster which shall be
on display and readily available to staff no less than seven (7) days in advance.
4.2.2 In unavoidable circumstances and with the agreement of the employee, a shift may be
changed after the roster has been published. Where less than 24 hours’ notice is
provided regarding a cancellation of rostered hours, refer to clause 3.2.3.3 for casual
employees.
4.2.3 AFCT undertakes to look at ways to improve rostering, including providing advance
notice, through implementing an effective rostering system suited to AFCT’s work
environment as per clause 4.2.1.
4.3 TEN HOUR BREAK
4.3.1 The work of employees shall be arranged so that there are at least ten consecutive
hours off duty between the work of successive days.
4.3.2 An employee who is rostered to commence ordinary hours of duty without having had
at least ten consecutive hours off duty since the termination of work on the previous
day shall be given ten consecutive hours off duty without loss of pay for any rostered
working time occurring during such absence.
4.3.3 The employee shall be responsible for notifying their manager if;
4.3.3.1 They are rostered for work in another department and / or there is the
potential for not having a 10 hour break between shifts, and
4.3.3.2 Where the 10 hour break requires them to commence late for their next
day’s work.
4.3.4 If an employee is authorised to resume work without having had ten consecutive hours
off duty, that employee shall be paid an additional 100% (double time) penalty of their
base rate until released from duty for such period and shall then be entitled to be
absent until having had such ten consecutive hours off duty without loss of pay for any
rostered working time occurring during such absences.
4.3.5 A required meal break shall not constitute a break in the work of the employee.
Accordingly work done before and after the meal break shall be counted as being
continuous.
4.3.6 The provisions of this subclause shall not apply under the following circumstances:
4.3.7 Where the work is by arrangement between the employees themselves with the prior
approval of management.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 18 of 634.4 MEAL BREAKS
4.4.1 AFCT supports the principle that staff may not work beyond the five hour limit without
a meal break.
4.4.2 No employee will be required to work more than 5 hours after the commencement of
each work period and within or at the conclusion of every five hours subsequently
worked.
4.4.3 Staff have the option to not take the unpaid half hour meal break post-show
4.4.4 Staff are not required to take a meal break where the sole engagement is six hours or
less.
4.4.5 Employees will not be required to take a meal break until at least 2 hours after
commencement of their work period.
4.4.6 Where staff are required to work continuously for more than five hours without a
break being given, the employee will be paid an additional 50% penalty from the start
of the sixth hour until a meal break is taken.
4.4.7 An example of a situation where staff may be required to work continuously for more
than five hours without a break includes but is not limited to:
• A performance exceeding five continuous hours (including dress rehearsals)
and where staff are also required pre and post show for show calls,
changeovers or bump outs.
4.4.8 It is not the intention of the parties that this clause or penalty would detract from
providing an employee with a break after five hours work.
4.4.9 AFCT recognises there may be opportunities to provide staff with an additional short
break (with pay), where practicable, dependent on work commitments.
4.4.10 There will be a minimum of 3 clear hours between the completion of the first break
and the commencement of the second meal break.
4.4.11 Where an employee is rostered for two meal breaks in a shift, one of these breaks
shall be 60 minutes duration, the other a minimum of 30 minutes. Where an
employee is rostered for a meal break and unforeseen circumstances allow less than
the rostered time to be taken, the employee will be paid for that rostered period in
addition to the payment for the time actually worked. Any allowances or penalties
applying before the rostered break shall also apply to the additional payment.
4.4.12 An employee required to work more than 2 continuous hours overtime without
notification on any one day shall either be supplied with a meal by the employer or
paid a meal allowance for the second or subsequent meal as defined in Schedule 3
of the SA Public Sector and Local Government Entities Clerks Award.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 19 of 634.4.13 Where the Green Room is closed during ordinary working hours, AFCT will arrange to
provide a choice of food for purchase on site. Where arrangements have been made
to provide catering between performances/rehearsals for the performers, the show
crew will be included in those arrangements.
4.5 OVERTIME
4.5.1 Requirement for Overtime
4.5.1.1 Employees may be required to work a reasonable amount of overtime, if so
requested by AFCT, giving consideration to exceptional business and/or
personal circumstances. For the purposes of this clause, overtime must be
authorised by the employer or their duly appointed representative prior to
working the overtime. Unauthorised overtime will not be paid.
4.5.1.2 An employee whose position is classified as P&A6 or below is entitled to
payment of authorised overtime hours worked, or, if the parties agree, to
time off in lieu of payment.
4.5.1.3 Where there is a dispute in relation to overtime it shall be dealt with in
accordance with AFCT’s Grievance Procedures (see clause 8.4).
4.5.2 Time Off in Lieu of Overtime (TOIL)
In lieu of overtime, time off in-lieu shall be available to any employee covered by this
Agreement under the following conditions:
4.5.2.1. Any employee who works any extra hours above the ordinary full-time
weekly hours of 37.5 hours must have prior written approval of their
manager to do so. Extra hours are those outside those of the
ordinary full-time hours of work. Any hours above the full-time hours will
qualify for overtime or TOIL.
4.5.2.2. Where the employee has elected and their manager/supervisor has agreed
(in writing) that TOIL may be taken, the time must be taken as soon as is
practicable after working the extra hours and within three months of the
extra hours having been worked. Where possible, employees should be
given the opportunity to use their TOIL in units of hours; not waiting for
accrual of days.
4.5.2.3 With the agreement of their manager, an employee may accrue up to a
maximum of 10 days per financial year before being subject to a direction to
take the time.
4.5.2.4. All TOIL is to be recorded (entered and approved) in the appropriate
company database as Time Off in Lieu of Overtime.
4.5.2.5 Where an employee has been permitted to accrue TOIL in excess of 10
days, the employee may apply to their manager to convert such TOIL into
payment at their ordinary rate of pay, to a maximum of 5 days at any given
time, with the remaining time to be taken as directed by their manager.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 20 of 634.5.3 Overtime Penalties
4.5.3.1 All employees working authorised overtime shall be paid an additional 50%
penalty (time and a half) of their base rate for the first two (2) hours and
100% (double time) thereafter.
4.5.3.2 Rostered employees called upon to work between midnight and 7 a.m. shall
be paid an additional 100% (double time) penalty of their base rate.
4.5.3.3 Overtime shall be calculated to the nearest quarter hour and thereafter in
quarter hour units;
4.5.3.4 In calculating overtime eligibility, each day shall stand alone.
4.5.4 Reimbursement of Reasonable Child Care Costs
4.5.4.1 Where a permanent or contract employee is given less than 24 hours prior
notice that the employee is required to work outside of their ordinary hours
of work and consequently the employee utilises paid child care, AFCT will
reimburse the reasonable child care costs incurred by the employee arising
from performing such work, provided that:
4.5.4.1.1 The prior period of 24 hours is to be calculated from the time at
which the work is to begin.
4.5.4.1.2 The work, or the hour/s to be worked, is not part of a regular or
systematic pattern of work or hour/s performed by the
employee.
4.5.4.1.3 The reimbursement will be in respect of the reasonable costs
incurred by the employee in respect of the work.
4.5.4.1.4 Reimbursement will be made for reasonable child care costs
after all other sources of reimbursement (including Child Care
Benefit Claim) have been exhausted.
4.5.4.1.5 Where the child care costs are incurred for child care not in a
registered or approved centre, reimbursement will be made in
accordance with a child care reimbursement rate and
guidelines, published from time to time by the Commissioner
for Public Sector Employment.
4.5.4.1.6 The employee will provide AFCT with a Child Benefit Claim
Form for either Registered Care or Approved Care, tax
invoice/receipt, or other supporting documentation as may
from time to time be required detailing the cost incurred, or
reimbursement sought, in respect of the work.
4.5.4.2 For the purposes of this clause, a reference to work is a reference to the
work outside the employee’s ordinary hours, or regular or systematic pattern
of work or hour/s, for which less than 24 hours prior notice is given.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 21 of 634.5.5 Reimbursement of Reasonable Travel Costs
4.5.5.1 Where an employee is required to work outside of their ordinary hours of
work and the period of work starts or finishes outside of the ordinary
timetabled operating hours of public transport, the employee will be entitled
to reimbursement of reasonable home to work or work to home (as
applicable) travel costs, subject to this clause provided that:
4.5.5.1.1 The work, or the hour/s to be worked, is/are not part of a
regular or systematic pattern of work or hour/s performed by
the employee.
4.5.5.1.2 The employee ordinarily uses public transport.
4.5.5.1.3 Travel is by the most direct or appropriate route.
4.5.5.1.4 Reimbursement of reasonable taxi costs, or mileage and car
parking costs are at a rate determined from time to time by the
Commissioner for Public Sector Employment.
4.5.5.2 The employee will provide AFCT with such tax invoice/receipt or other
supporting documentation as may from time to time be required detailing the
cost incurred or reimbursement sought.
4.5.6 Call-Back
4.5.6.1 A minimum of 3 hours work at the applicable rate shall be paid to an
employee recalled to work overtime after leaving the place of employment
provided that:
4.5.6.1.1 This provision applies irrespective of whether the employee
was notified before or after leaving the premises;
4.5.6.1.2 An employee called back to work will not be required to work
the full 3 hours of overtime where the work requiring the call
back is completed within a shorter period - except where
additional unforeseen circumstances arise;
4.5.6.1.3 An employee recalled to work within 3 hours of starting work
on a previous recall, shall not be entitled to any additional
payment for time worked within a period of 3 hours from the
time of the commencement of the original recall;
4.5.6.2 Call back rates shall not apply where it is customary for an employee to
return to the place of employment outside ordinary hours to perform specific
work or where the overtime is continuous (subject to a reasonable meal
break) with the completion or commencement of ordinary working time. In
these events the normally applicable overtime provisions contained in this
Agreement shall apply.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 22 of 634.5.7 Domestic / Family Violence
4.5.7.1 The parties acknowledge that an employee who is experiencing or escaping
domestic or family violence (actual or threatened) may need time away from
work for a range of reasons, for example, to address heath, legal, child care,
housing or other personal matters.
4.5.7.2 AFCT employees experiencing or escaping domestic/family violence are
entitled to access up to 15 days Special Leave with Pay in a 12 months
period, separately from existing leave entitlements and any applicable
flexible and safe working arrangements (regardless of whether they are
consistent with current operational requirements).
4.5.7.3 It is entirely the choice and the right of the employee to access up to fifteen
(15) days Special Leave with Pay for domestic/family violence reasons
before considering other forms of leave, whether personally accrued or
otherwise.
4.5.7.4 AFCT will promote the Employee Assistance Program as an additional
assistance in the circumstances.
4.5.7.5 The parties acknowledge the Commissioner for Public Sector Employment
has issued a Guideline in relation to this matter.
4.5.7.6 Experiencing domestic/family violence may have an adverse effect on an
employee’s workplace performance or conduct. At any time, the employee
may request a person to whom they may have made disclosures to inform
the relevant manager or delegate about matters that may affect their
workplace performance or conduct. The provision of this information must
be consistent with the applicable privacy principles and constrained to
relevant information only. Where the employer becomes aware of an
employee’s personal circumstances, they are to take this information into
account in any assessment of that employee’s workplace performance or
conduct.
4.6 SUNDAYS
4.6.1 Requirement to Work on a Sunday
4.6.1.1 An employee required to perform work between 00.01 and 24.00 (midnight)
Sunday shall be paid an additional 100% penalty (double time) of their base
rate for all time worked with a minimum payment of 4 hours.
4.6.1.2 In lieu of payment, an employee may be granted time off at a rate of:
4.6.1.2.1 When a full 7.5 hours is worked by the employee, 2 full days off in
lieu will be granted.
4.6.1.2.2 When less than 7.5 hours is worked, the days off in lieu will be pro
rata of 2 days off.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 23 of 634.7 PUBLIC HOLIDAYS
4.7.1 Entitlement to Full Day Public Holidays
4.7.1.1 Full-time and part-time employees shall be entitled to a full or pro rata day at
ordinary rate of pay as a result of a gazetted South Australian public holiday
falling on the employee’s ordinary working day. An employee whose hours
do not include the day or part day of the week on which there is a public
holiday is not entitled to be paid.
4.7.2 Requirement to Work on a Full Day Public Holiday
4.7.2.1 For the purpose of this clause ordinary working day means a day on which
the employee is normally rostered to work.
4.7.2.2 An employee (other than a casual employee) may be required to work on
Public Holidays as part of their normal working arrangements, provided that
generally an employee should not be required to work more than seven (7)
Public Holidays in any one calendar year except with the agreement of the
employee or in unavoidable circumstances.
4.7.2.3 An employee (other than a casual employee) required to work on a Public
Holiday, will be paid an additional 150% Public Holiday penalty (double time
and a half) of their base rate for all time worked with a minimum payment of
4 hours.
4.7.2.4 A casual employee required to work on a Public Holiday will be paid an
additional Public Holiday penalty of 100% (double time) of their base rate for
all time worked with a minimum payment of 4 hours.
4.7.2.5 If the work on a Public Holiday occurs as a continuation of normal work from
the previous day, penalty time applies from the beginning of the Public
Holiday, but there is no requirement for a minimum 4 hour payment.
4.7.3 Full Day Public Holiday falls on a Scheduled Day Off
4.7.3.1 Where an employee is required to work on active duty for all of the 7 days of
the week including Saturdays and Sundays and a Public Holiday falls on a
day which is their scheduled day off that employee will be paid an additional
day’s pay.
4.7.3.2 An employee who is entitled to an additional day’s pay is to be paid for the
time that they would have usually worked on that day of the week on which
the Public Holiday falls.
4.7.3.3 If the employer and employee agree, in lieu of an extra day’s pay, the
employee will be given an alternative scheduled day off, on the working day
immediately preceding or immediately following the public holiday, or as
soon as practicable thereafter.
AFCT Professional & Administration (P&A) Agreement 2018 - Page 24 of 634.7.4. Part-Day Public Holidays
4.7.4.1 The arrangement set out below will apply between 7.00pm and midnight on Christmas
Eve and New Year’s Eve for as long as these hours remain as gazetted part-day
public holidays per the Holidays Act 1910 (SA) and the Statutes Amendment (Shop
and Trading Holidays) Act 2012.
4.7.4.2 For the purpose of this clause ordinary working day means a day on which the
employee is normally rostered to work.
4.7.4.3 All employees will have the right to refuse to work on the part-day public holiday if the
request to work is reasonable or the refusal is reasonable.
4.7.4.4 An employee (other than a casual employee) may be required to work on a part day
public holiday as part of their normal working arrangements, provided that generally
an employee should not be required to work more than seven (7) public holidays
(inclusive of part day public holidays) in any one calendar year except with the
agreement of the employee or in unavoidable circumstances.
4.7.4.5 An employee (other than a casual employee) required to work on a part day public
holiday, will be paid an additional public holiday penalty of 150% (double time and a
half) for all time worked with a minimum payment of four (4) hours.
4.7.4.6 A casual employee required to work on a part day public holiday, will be paid an
additional public holiday penalty of 100% (double time) for all time worked with a
minimum payment of four (4) hours.
4.7.4.7 If the work on the part day public holiday occurs as a continuation of work from before
7:00pm, penalty rates are payable from 7:00pm but there is no requirement for a
minimum four (4) hour payment to fall solely within public holiday hours, rather the
portion of the shift that falls before the public holiday also counts toward the minimum
payment of four (4) hours.
4.7.4.8 Where an employee may have been required to work on the part day public holiday
but as a result of being on annual leave is not scheduled to work, they will be paid
public holiday hours (rather than annual leave hours) at their ordinary rate of pay for
such hours.
4.7.4.9 Where an employee may have been required to work on the part day public holiday
but as result of having a rostered day off (RDO) that is administered in a monthly
pattern, is not scheduled to work, they will be paid public holiday hours (rather than
RDO hours) at their ordinary rate of pay for those hours.
4.7.4.10 Where an employee may have been required to work on the part day public holiday
but has requested to take an RDO on an ad hoc basis on that day, no public holiday
hours are payable.
4.7.4.11 An employee otherwise not rostered to work on the part day public holiday, will not be
entitled to any other monetary compensation or reimbursement of hours as a result of
the part day public holiday.
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